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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

17 FLRA No. 91
NATIONAL WEATHER SERVICE EMPLOYEES
ORGANIZATION (MEBA, AFL-CIO)
Union
and
NATIONAL WEATHER SERVICE,
WESTERN REGION
Activity
Case No. 0-AR-941
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to a supplemental
award of Arbitrator Janet L. Gaunt filed by the Department of Commerce
(the Agency) on behalf of the Activity pursuant to section 7122(a) of
the Federal Service Labor-Management Relations Statute and section
2425.1 of the Authority's Rules and Regulations. For the reasons stated
below, the Authority is without jurisdiction to review the exceptions
and the exceptions therefore must be dismissed.
In this case, the Arbitrator found that the grievant's removal by the
Activity resulted from harmful procedural error and unlawful disparate
treatment and was not made for reasons that promoted the efficiency of
the service. As her award, the Arbitrator, among other things, set
aside the removal action and directed the Activity to reinstate the
grievant with backpay. The Arbitrator subsequently issued a supplemental
award granting the Union's application for attorney's fees. The Agency
then filed the instant exceptions to the supplemental award.
Section 7122(a) of the Statute provides, in pertinent part:
Either party to arbitration under this chapter may file with
the Authority an exception to any arbitrator's award pursuant to
the arbitration (other than an award relating to a matter
described in section 7121(f) of this title). . . .
As relevant to this case, the matters described in section 7121(f) of
the Statute include those covered under 5 U.S.C. 7512 which, in turn,
applies to specified adverse actions including removals. Review of an
arbitration award relating to such matters must be obtained in
accordance with 5 U.S.C. 7703, i.e., in the same manner and under the
same conditions as if the matter involved had been decided by the Merit
Systems Protection Board.
Since the Arbitrator's award relates to a matter covered by 5 U.S.C.
7512, i.e., the removal of the grievant, under section 7122(a) of the
Statute, exceptions to the award may not be filed with the Authority.
Consequently, the Authority is without jurisdiction to review the
exceptions.
Accordingly, and apart from other considerations, the Agency's
exceptions are hereby dismissed. For the Authority. Issued,
Washington, D.C. April 22, 1985
Harold D. Kessler
Managing Director for Case
Processing